DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 4, 5, 7, 9, 11-14, and 30-39 are objected to because of the following informalities:
In claim 4, line 1, “3, using” should read “3, wherein using”.
In claim 4, line 3, “provide environmental” should read “provide the environmental”.
In claim 5, line 1, “environmental signals” should read “environmental sounds”.
In claim 7, line 9, “representing a first one” should read ““representing the first one”.
In claim 7, lien 10, “representing a second one” should read ““representing the second one”.
In claim 9, line 4, “a user” should read “the user”.
In claim 11, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 11, line 2, “using one or more” should read “using the one or more”.
In claim 12, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 12, line 2, “using one or more” should read “using the one or more”.
In claim 13, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 13, line 2, “using one or more” should read “using the one or more”.
In claim 14, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 14, line 2, “using one or more” should read “using the one or more”.
In claim 30, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 30, line 3, “using at least one” should read “using the at least one”.
In claim 31, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 31, line 3, “using at least one” should read “using the at least one”.
In claim 32, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 32, line 3, “using at least one” should read “using the at least one”.
In claim 33, line 5, “with environmental” should read “with the environmental”.
In claim 34, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 34, line 3, “using one or more” should read “using the one or more”.
In claim 35, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 35, line 3, “using one or more” should read “using the one or more”.
In claim 36, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 36, line 3, “using one or more” should read “using the one or more”.
In claim 37, line 2, “environmental sound training” should read “the environmental sound training”.
In claim 37, line 3, “using one or more” should read “using the one or more”.
In claim 38, line 3, “environmental signals” should read “environmental sounds”.
In claim 39, line 7, “the plurality of sounds” should read “the plurality of environmental sounds”.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 and 29-45 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a process including the steps of provide environmental signal training to a medical device user. The recited steps, under their broadest reasonable interpretation, are providing environmental signal training to a user. The recited steps, as drafted, are a process that is a method of applying an abstract idea, specifically certain methods of organizing human activity (providing training to a user). If claim limitations, under their broadest reasonable interpretation, include certain methods of organizing human activity, the limitations fall under the abstract ideas judicial exception and therefore recite ineligible subject matter. Accordingly, claim 1 recites an abstract idea.
The judicial exception is not integrated into a practical application because the claim does not recite additional elements that are significantly more than the judicial exception or meaningfully limit the practice of the judicial exception. The additional elements are recording, at a computing device, one or more environmental signals associated with one or more ambient environments; and using the one or more environmental signals recorded at the computing device to provide the training. The additional elements are insignificant extra-solution activity and instructions for applying the judicial exception with a generic computing device as, under their broadest reasonable interpretation, the additional step(s) is/are merely data gathering (see MPEP 2106.05(g)) and defining the data to be manipulated/used (see MPEP 2106.05(g)). The other additional elements of a computing device are generic computer components for performing the above method, per MPEP 2106.05(f). Under their broadest reasonable interpretation, the additional elements are generic components of a computing device used to apply the abstract idea. Further, paragraph 33 of the specification states the computing device is a personal computer, server, laptop, multiprocessor system, and/or the like. As such, these additional elements are interpreted as merely instructions to apply the judicial exception. Accordingly, the additional elements and steps do not integrate the abstract idea into a practical application because they do not impose any meaningful limitations on practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional step(s) of recording signals and using the signals is/are insignificant extra-solution activity performed during the abstract idea. The additional elements of a computing device used to perform the process are generic computing components/device used to apply the judicial exception and therefore fall under the “apply it” limitation of the judicial exception and do not amount to significantly more per MPEP 2106.05(f). Further, the limitations, taken in combination, add nothing that is not already present when looking at the elements taken individually. As such, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, under their broadest reasonable interpretation, the additional elements do not meaningfully limit the practice of the abstract idea and do not amount to significantly more than the judicial exceptions. Therefore, claim 1 is not directed to eligible subject matter as it is directed to an abstract idea without significantly more.
Claims 2-15 are dependent from claim 1 and include all the limitations of the independent claim. Therefore, the dependent claims recite the same abstract idea. The limitations of the dependent claims fail to amount to significantly more than the judicial exception. For example:
The limitations of claim 2 recite insignificant extra-solution activity as the step of “recording one or more environmental sounds associated with one or more ambient sound environments” is mere data gathering (MPEP 2106.05(g)). Therefore, the limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amount to significantly more than the judicial exception. For this reason, the analysis performed on the independent claim is also applicable on this claim.
The limitations of claims 3-15 recite further abstract ideas including further “providing training” steps (CMOHA), delivering signals to the user (CMOHA), identifying the sound (Mental process), indicating whether a difference was perceived (mental process), identifying a sequence (mental process), and providing suggestions of signals to record (mental process; CMOHA). As the limitations are further abstract ideas, the limitations cannot meaningfully limit or amount to significantly more than the abstract ideas of the independent claims. The additional elements of the dependent claims are further insignificant extra-solution activities including providing a visual display, providing input for the user to enter data, and a display screen (generic computing component). The limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amounts to significantly more than the judicial exceptions. For this reason, the analysis performed on the independent claim is also applicable on these claims.
Accordingly, claims 2-15 are directed to abstract ideas without significantly more and are not drawn to eligible subject matter.
Claim 29 recites a process including the steps of provide environmental sound training to a hearing device user. The recited steps, under their broadest reasonable interpretation, are providing environmental sound training to a user. The recited steps, as drafted, are a process that is a method of applying an abstract idea, specifically certain methods of organizing human activity (providing training to a user). If claim limitations, under their broadest reasonable interpretation, include certain methods of organizing human activity, the limitations fall under the abstract ideas judicial exception and therefore recite ineligible subject matter. Accordingly, claim 29 recites an abstract idea.
The judicial exception is not integrated into a practical application because the claim does not recite additional elements that are significantly more than the judicial exception or meaningfully limit the practice of the judicial exception. The additional elements are one or more non-transitory computer readable storage media comprising instructions that, when executed by a processor, cause the process to; deliver one or more user interfaces enabling a user to record one or more environmental sounds; store the one or more environmental sounds in an environmental sound library; and using the one or more environmental signals recorded at the computing device to provide the training. The additional elements are insignificant extra-solution activity and instructions for applying the judicial exception with a generic computing device as, under their broadest reasonable interpretation, the additional step(s) is/are displaying a user interface, mere data gathering (see MPEP 2106.05(g)), storing the data (see MPEP 2106.05(d)), and defining the data to be manipulated/used (see MPEP 2106.05(g)). The other additional elements of a NTCRSM and processor are generic computer components for performing the above method, per MPEP 2106.05(f). Under their broadest reasonable interpretation, the additional elements are generic components of a computing device used to apply the abstract idea. Further, paragraph 33 of the specification states the computing device is a personal computer, server, laptop, multiprocessor system, and/or the like. As such, these additional elements are interpreted as merely instructions to apply the judicial exception. Accordingly, the additional elements and steps do not integrate the abstract idea into a practical application because they do not impose any meaningful limitations on practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional step(s) of delivering a user interface, recording sounds, storing the sounds, and using the sounds is/are insignificant extra-solution activity performed during the abstract idea. The additional elements of a NTCRSM and processor used to perform the process are generic computing components/device used to apply the judicial exception and therefore fall under the “apply it” limitation of the judicial exception and do not amount to significantly more per MPEP 2106.05(f). Further, the limitations, taken in combination, add nothing that is not already present when looking at the elements taken individually. As such, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, under their broadest reasonable interpretation, the additional elements do not meaningfully limit the practice of the abstract idea and do not amount to significantly more than the judicial exceptions. Therefore, claim 29 is not directed to eligible subject matter as it is directed to an abstract idea without significantly more.
Claims 30-38 are dependent from claim 29 and include all the limitations of the independent claim. Therefore, the dependent claims recite the same abstract idea. The limitations of the dependent claims fail to amount to significantly more than the judicial exception. For example:
The limitations of claims 30-38 recite further abstract ideas including further “providing training” steps (CMOHA), delivering sounds to the user (CMOHA), identifying the sound (Mental process), indicating whether a difference was perceived (mental process), identifying a sequence (mental process), and providing suggestions of signals to record (mental process; CMOHA). As the limitations are further abstract ideas, the limitations cannot meaningfully limit or amount to significantly more than the abstract ideas of the independent claims. The additional elements of the dependent claims are further insignificant extra-solution activities including providing a visual display, providing input for the user to enter data, and a display screen (generic computing component). The limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amounts to significantly more than the judicial exceptions. For this reason, the analysis performed on the independent claim is also applicable on these claims
Accordingly, claims 30-38 are directed to abstract ideas without significantly more and are not drawn to eligible subject matter.
Claim 39 recites a process including the steps of provide environmental sound discrimination training to the hearing device user; and provide environmental sound identification training to the hearing device user. The recited steps, under their broadest reasonable interpretation, are providing environmental sound discrimination training and providing environmental sound identification training to a user. The recited steps, as drafted, are a process that is a method of applying an abstract idea, specifically certain methods of organizing human activity (providing training to a user). If claim limitations, under their broadest reasonable interpretation, include certain methods of organizing human activity, the limitations fall under the abstract ideas judicial exception and therefore recite ineligible subject matter. Accordingly, claim 39 recites an abstract idea.
The judicial exception is not integrated into a practical application because the claim does not recite additional elements that are significantly more than the judicial exception or meaningfully limit the practice of the judicial exception. The additional elements are one or more microphones configured to record a plurality of environmental sounds associated with at least one ambient sound environment experienced by a hearing device user; one or more speakers; and at least one processor configured to: store the plurality of sounds in an environmental sound library; using a first one or more of the plurality of environmental sounds, wherein the first one or more of the plurality of environmental sounds comprise non-speech and non-musical ambient sounds; and using a second one or more of the plurality of environmental sounds, wherein the second one or more environmental sounds comprise non-speech and non-musical ambient sounds. The additional elements are insignificant extra-solution activity and instructions for applying the judicial exception with a generic computing device as, under their broadest reasonable interpretation, the additional step(s) is/are mere data gathering (see MPEP 2106.05(g)), storing the data (see MPEP 2106.05(d)), and defining the data to be manipulated/used (see MPEP 2106.05(g)). The other additional elements of one or more microphones, one or more speakers, and at least one processor are generic computer components for performing the above method, per MPEP 2106.05(f). Under their broadest reasonable interpretation, the additional elements are generic components of a computing device used to apply the abstract idea. Further, paragraph 33 of the specification states the computing device is a personal computer, server, laptop, multiprocessor system, and/or the like. As such, these additional elements are interpreted as merely instructions to apply the judicial exception. Accordingly, the additional elements and steps do not integrate the abstract idea into a practical application because they do not impose any meaningful limitations on practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional step(s) of recording sounds, storing the sounds, and using the sounds is/are insignificant extra-solution activity performed during the abstract idea. The additional elements of one or more microphones, one or more speakers, and at least one processor used to perform the process are generic computing components/device used to apply the judicial exception and therefore fall under the “apply it” limitation of the judicial exception and do not amount to significantly more per MPEP 2106.05(f). Further, the limitations, taken in combination, add nothing that is not already present when looking at the elements taken individually. As such, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, under their broadest reasonable interpretation, the additional elements do not meaningfully limit the practice of the abstract idea and do not amount to significantly more than the judicial exceptions. Therefore, claim 39 is not directed to eligible subject matter as it is directed to an abstract idea without significantly more.
Claims 40-45 are dependent from claim 39 and include all the limitations of the independent claim. Therefore, the dependent claims recite the same abstract idea. The limitations of the dependent claims fail to amount to significantly more than the judicial exception. For example:
The limitations of claims 40-41 recite clarification of the types of data used/comprising the environmental sounds. The limitations, under their broadest reasonable interpretation, are merely defining/selecting a type of data to be manipulated which, per MPEP 2106.05(g), is insignificant extra-solution activity. The limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amounts to significantly more than the judicial exceptions. For this reason, the analysis performed on the independent claim is also applicable on these claims
The limitations of claims 42-45 recite further abstract ideas including further generating and providing suggestions of signals to record (mental process; CMOHA), “providing training” steps (CMOHA), delivering signals/sounds/sequence to the user (CMOHA), and identifying a sequence (mental process). As the limitations are further abstract ideas, the limitations cannot meaningfully limit or amount to significantly more than the abstract ideas of the independent claims. The additional elements of the dependent claims are further insignificant extra-solution activities including providing a visual display, providing input for the user to enter data, and a display screen (generic computing component). The limitations fail to provide any teaching that integrates the judicial exceptions into a practical application or amounts to significantly more than the judicial exceptions. For this reason, the analysis performed on the independent claim is also applicable on these claims.
Accordingly, claims 40-45 are directed to abstract ideas without significantly more and are not drawn to eligible subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6-7, 29, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper (US PGPub 20080124685) in view of Suwa (US PGPub 20190254572).
With regard to claim 1, Chalupper teaches a method (Paragraphs 0014; “a method for training auditory skills of a hearing aid wearer”), comprising: provide environmental signal training to a medical device user (Abstract; Paragraphs 0014, 0026-0027 teach a method for providing hearing training to a hearing aid user using sounds (environmental signals)).
Chalupper may not explicitly teach recording, at a computing device, one or more environmental signals associated with one or more ambient environments; and using the one or more environmental signals recorded at the computing device to provide the training. However, Suwa teaches a method for hearing training including acquiring target audio which can be recorded and/or microphone audio including ambient sounds which are used to perform hearing training exercises (Paragraphs 0038, 0043-0044).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the step of acquiring audio including ambient environment sounds of Suwa for the audio sounds used in the training of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper to record audio from the ambient environment and use the recorded sounds to generate the audio for the training exercises. Upon such modification, the method and system of Chalupper would include recording, at a computing device, one or more environmental signals associated with one or more ambient environments; and using the one or more environmental signals recorded at the computing device to provide the training. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide relevant sounds/training to the user.
With regard to claim 2, Chalupper may not explicitly teach wherein recording the one or more environmental signals associated with the one or more ambient environments comprises: recording one or more environmental sounds associated with one or more ambient sound environments. However, as discussed above, Suwa teaches a method for hearing training including acquiring target audio which can be recorded and/or microphone audio including ambient sounds which are used to perform hearing training exercises (Paragraphs 0038, 0043-0044).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the step of acquiring audio including ambient environment sounds of Suwa for the audio sounds used in the training of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper to record audio from the ambient environment and used the recorded sounds to generate the audio for the training exercises. Upon such modification, the method and system of Chalupper would include wherein recording the one or more environmental signals associated with the one or more ambient environments comprises: recording one or more environmental sounds associated with one or more ambient sound environments. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide relevant sounds/training to the user.
With regard to claim 3, Chalupper, as modified, teaches wherein using the one or more environmental signals to provide environmental signal training to the medical device user comprises: using the one or more environmental sounds to provide environmental sound training (see prior art rejection of claims 1 and 2 above) to a hearing device user (Abstract; Paragraphs 0003, 0014, 0026 teach the method and system are for a user with a hearing aid).
With regard to claim 4, With regard to claim 3, Chalupper, as modified, teaches wherein using the one or more environmental sounds to provide environmental sound training to the hearing device user comprises: using the one or more environmental sounds to provide environmental sound training (see prior art rejection of claims 1 and 2 above) to a cochlear implant user (Paragraph 0003 teaches the hearing aid can be an implantable hearing aid).
With regard to claim 6, Chalupper, as modified, teaches wherein using the one or more environmental sounds to provide environmental sound training to the hearing device user (see prior art rejection of claim 3 above) comprises: using the one or more environmental sounds to provide environmental sound discrimination training to the hearing device user (Paragraphs 0032-0038 teach the method includes training to improve the ability to differentiate sounds).
With regard to claim 7, Chalupper, as modified, teaches wherein using the one or more environmental sounds to provide environmental sound discrimination training to the hearing device user (see prior art rejection of claim 6 above) comprises: delivering at least one stimulation signal representing a first one of the one or more environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a first sound); delivering at least one stimulation signal representing a second one of the one or more environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a second sound that can be different from the first); and providing at least one input for use by the hearing device user to indicate whether the hearing device user perceived a difference between the at least one stimulation signal representing a first one of the one or more environmental sounds and the at least one stimulation signal representing a second one of the one or more environmental sounds (Paragraphs 0027, 0035 teach the user can provide a response/input via the remote control whether the sounds are identical or different).
Chalupper may not explicitly teach providing, via a display screen, the input. However, Suwa teaches system includes a display and touch sensor to receive user inputs including responses/results to the training (Paragraphs 0039-0040, 0050).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by including the substituting the apparatus including a display and touch screen of Suwa for the controller of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by substituting the controller with the apparatus of Suwa including a display and touchscreen for receiving user inputs in order to improve Chalupper in the same way by allowing user’s to select and manage trainings and input responses to the training. Upon such modification, the method and system of Chalupper would include providing, via a display screen, the input. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method as displays and touch screens are known input means and in order to improve user interaction and ease of use by presenting and collecting user inputs visually.
With regard to claim 29, Chalupper teaches one or more non-transitory computer readable storage media comprising instructions that, when executed by a processor, cause the processor (Paragraphs 0004, 0014, 0026 teach a method for training auditory skills of a hearing aid wearer wherein the exercises are stored on a hearing aid including a processing unit), to: provide environmental sound training to a hearing device user (Abstract; Paragraphs 0014, 0026-0027 teach a method for providing hearing training to a hearing aid user using sounds (environmental signals)).
Chalupper may not explicitly teach deliver one or more user interfaces enabling a user to record one or more environmental sounds; store the one or more environmental sounds in an environmental sound library; and provide the training using at least one of the one or more environmental sounds stored in the environmental sound library. However, Suwa teaches a method for hearing training including acquiring target audio which can be recorded and/or microphone audio including ambient sounds which are used to perform hearing training exercises wherein the audio is stored in a storage means (sound library) and providing a user interface to record or acquire target audio (Paragraphs 0038, 0043-0044).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by substituting the apparatus including a display and touch screen of Suwa for the controller of Chalupper and incorporating the step of recording and storing audio including ambient environment sounds of Suwa for the audio sounds used in the training of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper to record audio from the ambient environment and use the recorded sounds to generate the audio for the training exercises and substituting the controller with the apparatus of Suwa including a display and touchscreen for receiving user inputs in order to improve Chalupper in the same way by allowing user’s to select and manage trainings and input responses to the training. Upon such modification, the method and system of Chalupper would include deliver one or more user interfaces enabling a user to record one or more environmental sounds; store the one or more environmental sounds in an environmental sound library; and provide the training using at least one of the one or more environmental sounds stored in the environmental sound library. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide relevant sounds/training to the user and as displays and touch screens are known input means and in order to improve user interaction and ease of use by presenting and collecting user inputs visually.
With regard to claim 31, Chalupper, as modified, teaches provide environmental sound discrimination training to the hearing device user (Paragraphs 0032-0038 teach the method including training to improve the ability to differentiate sounds) using at least one of the one or more environmental sounds stored in the environmental sound library (see prior art rejection of claim 29 above wherein Chalupper would use a recorded audio of Suwa for the ambient sounds).
Claim(s) 5 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper in view of Suwa as applied to claims 1 and 29 above, and further in view of Donaher et al. (US PGPub 20040197750), hereinafter referred to as Donaher.
With regard to claim 5, Chalupper in view of Suwa may not explicitly teach wherein using the one or more environmental signals to provide environmental sound training to the hearing device user comprises: using the one or more environmental signals to provide environmental sound familiarization training to the hearing device user. However, Donaher teaches a system and method for role-playing life skill simulation by a user having a disability including hearing loss including training an individual to differentiate among sounds and improve their ability to recognize familiar sounds (Paragraphs 0109, 0146, 0150-0151, 0230).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Donaher by using the recorded ambient audio to train the user to recognize sounds and become familiar of environmental sounds as taught by Donaher using the audio sounds of Chalupper in view of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa to provide training to the user to differentiate environmental sounds in order to improve recognition of familiar sounds. Upon such modification, the method and system of Chalupper in view of Suwa would include wherein using the one or more environmental signals to provide environmental sound training to the hearing device user comprises: using the one or more environmental signals to provide environmental sound familiarization training to the hearing device user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Donaher with Chalupper in view of Suwa’s system and method in order to improve user performance and provide relevant sounds/training to the user.
With regard to claim 30, Chalupper in view of Suwa may not explicitly teach provide environmental sound familiarization training to the hearing device user using at least one of the one or more environmental sounds stored in the environmental sound library. However, Donaher teaches a system and method for role-playing life skill simulation by a user having a disability including hearing loss including training an individual to differentiate among sounds and improve their ability to recognize familiar sounds (Paragraphs 0109, 0146, 0150-0151, 0230).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Donaher by using the recorded ambient audio to train the user to recognize sounds and become familiar of environmental sounds as taught by Donaher using the audio sounds of Chalupper in view of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa to provide training to the user to differentiate environmental sounds in order to improve recognition of familiar sounds. Upon such modification, the method and system of Chalupper in view of Suwa would include provide environmental sound familiarization training to the hearing device user using at least one of the one or more environmental sounds stored in the environmental sound library. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Donaher with Chalupper in view of Suwa’s system and method in order to improve user performance and provide relevant sounds/training to the user
Claim(s) 8-14 and 32-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper and Suwa as applied to claims 3 and 29 above, and further in view of Weber (“Sounds Around Us” NPL, see attached for citations).
With regard to claim 8, Chalupper in view of Suwa may not explicitly teach using the one or more environmental signals to provide sound identification training to the hearing device user. However, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include using the one or more environmental signals to provide sound identification training to the hearing device user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 9, Chalupper in view of Suwa may not explicitly teach delivering at least one stimulation signal representing a first one of the one or more environmental sounds to a user; and providing, via a display screen, at least one input for use by the user to identify the first one of the one or more environmental sounds. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include delivering at least one stimulation signal representing a first one of the one or more environmental sounds to a user; and providing, via a display screen, at least one input for use by the user to identify the first one of the one or more environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 10, Chalupper in view of Suwa may not explicitly teach providing, to the hearing device user via a display screen, a visual display representing an ambient sound environment; and providing the hearing device user with environmental sound training using one or more environmental sounds associated with the ambient sound environment represented by the visual display. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound wherein the system displays a variety of environments such as a kitchen and bathroom wherein the sounds correspond to the elements in the displayed environment (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments and displaying the sound environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include providing, to the hearing device user via a display screen, a visual display representing an ambient sound environment; and providing the hearing device user with environmental sound training using one or more environmental sounds associated with the ambient sound environment represented by the visual display. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 11, Chalupper in view of Suwa may not explicitly teach delivering, to the hearing device user along with the visual display, one or more stimulation signals representing at least one environmental sound associated with the ambient sound environment represented by the visual display. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound wherein the system displays a variety of environments such as a kitchen and bathroom wherein the sounds correspond to the elements in the displayed environment (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments which can be processed via the hearing aid of Suwa and displaying the sound environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include delivering, to the hearing device user along with the visual display, one or more stimulation signals representing at least one environmental sound associated with the ambient sound environment represented by the visual display. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 12, Chalupper, as modified, teaches delivering at least one stimulation signal representing a first one of the one or more environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a first sound such as an environmental/ambient sound per Suwa and Weber discussed above); delivering at least one stimulation signal representing a second one of the one or more environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a second sound such as an environmental/ambient sound per Suwa and Weber discussed above); and providing at least one input for use by the hearing device user to indicate whether the hearing device user perceived a difference between the at least one stimulation signal representing the first one of the one or more environmental sounds and the at least one stimulation signal representing the second one of the one or more environmental sounds (Paragraphs 0027, 0035 teach the user can provide a response/input via the remote control whether the sounds are identical or different).
Chalupper may not explicitly teach providing, via a display screen, the input. However, Suwa teaches system includes a display and touch sensor to receive user inputs including responses/results to the training (Paragraphs 0039-0040, 0050).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by including the substituting the apparatus including a display and touch screen of Suwa for the controller of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by substituting the controller with the apparatus of Suwa including a display and touchscreen for receiving user inputs in order to improve Chalupper in the same way by allowing user’s to select and manage trainings and input responses to the training. Upon such modification, the method and system of Chalupper would include providing, via a display screen, the input. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method as displays and touch screens are known input means and in order to improve user interaction and ease of use by presenting and collecting user inputs visually.
With regard to claim 13, Chalupper in view of Suwa may not explicitly teach delivering at least one stimulation signal representing a first one of the one or more environmental sounds to the hearing device user; and providing, via a display screen, at least one input for use by the hearing device user to identify the first one of the one or more environmental sounds. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include delivering at least one stimulation signal representing a first one of the one or more environmental sounds to a user; and providing, via a display screen, at least one input for use by the user to identify the first one of the one or more environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 14, Chalupper, as modified, may not explicitly teach delivering a sequence of stimulation signals representing a plurality of environmental sounds to the hearing device user; and providing, via the display screen, at least one input for use by the hearing device user to identify a sequence of the plurality of environmental sounds. However, Suwa further teaches the system can include an exercise for presenting a sequence of words/sounds and receiving user inputs related to the sequence such as identifying the wrong sounds based on the identified sound group (Paragraphs 0053, 0059-0061, 0073)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the exercise of presenting a sequence of sounds of Suwa for the exercises of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to include an exercise for presenting a sequence of sounds and having a user input, via the interface, a response related to the sequence such as identifying the group of sounds and wrong/different sounds or when a wrong sound is output. Upon such modification, the method and system of Chalupper would include delivering a sequence of stimulation signals representing a plurality of environmental sounds to the hearing device user; and providing, via the display screen, at least one input for use by the hearing device user to identify a sequence of the plurality of environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide comprehensive training to the user.
With regard to claim 32, Chalupper in view of Suwa may not explicitly teach provide sound identification training to the hearing device user using at least one of the one or more environmental sounds stored in the environmental sound library. However, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment using the recorded audio of Suwa and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include provide sound identification training to the hearing device user using at least one of the one or more environmental sounds stored in the environmental sound library. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 33, Chalupper in view of Suwa may not explicitly teach provide, to the hearing device user via a display screen, a visual display representing an ambient sound environment; and provide the hearing device user with environmental sound training using one or more environmental sounds associated with the ambient sound environment represented by the visual display. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound wherein the system displays a variety of environments such as a kitchen and bathroom wherein the sounds correspond to the elements in the displayed environment (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments and displaying the sound environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include provide, to the hearing device user via a display screen, a visual display representing an ambient sound environment; and provide the hearing device user with environmental sound training using one or more environmental sounds associated with the ambient sound environment represented by the visual display. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 34, Chalupper in view of Suwa may not explicitly teach while providing the visual display, provide at least one pre-recorded environmental sound associated with the ambient sound environment represented by the visual display. However, Weber further teaches the method includes providing a “sound board” in the form of selectable elements that when selected provide pre-recorded sounds based on the displayed elements (Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game including selectable sounds of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments and displaying the sound environment wherein a user can select elements to provide the corresponding pre-recorded sound. Upon such modification, the method and system of Chalupper in view of Suwa would include provide, to the hearing device user via a display screen, a visual display representing an ambient sound environment; and provide the hearing device user with environmental sound training using one or more environmental sounds associated with the ambient sound environment represented by the visual display. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 35, Chalupper, as modified, teaches provide a first one of the one or more pre-recorded environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a first sound such as an environmental/ambient sound per Suwa and Weber discussed above); provide a second one of the one or more pre-recorded environmental sounds to the hearing device user (Paragraphs 0019, 0032-0035 teach the system presents two sounds to the user which would include a second sound such as an environmental/ambient sound per Suwa and Weber discussed above); and providing at least one input for use by the hearing device user to indicate whether the hearing device user perceived a difference between the first one of the one or more pre-recorded environmental sounds and the second one of the one or more pre-recorded environmental sounds (Paragraphs 0027, 0035 teach the user can provide a response/input via the remote control whether the sounds are identical or different).
Chalupper may not explicitly teach while providing the visual display and providing, via a display screen, the input. However, Suwa teaches system includes a display and touch sensor to receive user inputs including responses/results to the training (Paragraphs 0039-0040, 0050).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by including the substituting the apparatus including a display and touch screen of Suwa for the controller of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by substituting the controller with the apparatus of Suwa including a display and touchscreen for receiving user inputs in order to improve Chalupper in the same way by allowing user’s to select and manage trainings and input responses to the training. Upon such modification, the method and system of Chalupper would include while providing the visual display and providing, via a display screen, the input. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method as displays and touch screens are known input means and in order to improve user interaction and ease of use by presenting and collecting user inputs visually.
With regard to claim 36, Chalupper in view of Suwa may not explicitly teach while providing the visual display, provide a first one of the one or more pre-recorded environmental sounds to the hearing device user; and provide, via a display screen, at least one input for use by the hearing device user to identify the first one of the one or more environmental sounds. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include while providing the visual display, provide a first one of the one or more pre-recorded environmental sounds to the hearing device user; and provide, via a display screen, at least one input for use by the hearing device user to identify the first one of the one or more environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 37, Chalupper, as modified, may not explicitly teach while providing the visual display, provide a plurality of environmental sounds to the hearing device user; and provide, via the display screen, at least one input for use by the hearing device user to identify a sequence of the plurality of environmental sounds. However, Suwa further teaches the system can include an exercise for presenting a sequence of words/sounds and receiving user inputs related to the sequence such as identifying the wrong sounds based on the identified sound group (Paragraphs 0053, 0059-0061, 0073)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the exercise of presenting a sequence of sounds of Suwa for the exercises of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to include an exercise for presenting a sequence of sounds and having a user input, via the interface, a response related to the sequence such as identifying the group of sounds and wrong/different sounds or when a wrong sound is output. Upon such modification, the method and system of Chalupper would include while providing the visual display, provide a plurality of environmental sounds to the hearing device user; and provide, via the display screen, at least one input for use by the hearing device user to identify a sequence of the plurality of environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide comprehensive training to the user.
Claim(s) 15 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper in view of Suwa as applied to claims 1 and 39 above, and further in view of Reed et al. (US PGPub 20180012511), hereinafter referred to as Reed.
With regard to claim 15, Chalupper may not explicitly teach further comprising: providing the medical device user with suggestions of environmental signals to record. However, Suwa further teaches determining a user’s performance and modifying the training based on performance including modifying the noises and target audio (Paragraphs 0018, 0043, 0045, 0052), and Reed teaches techniques for increasing user experience of hearing prostheses including providing individualized training based on a determination of user problems based on user performance wherein input signals can be used as the output signals for the individualized training and wherein the system can determine noise types and levels the user finds difficult and use that determination for the personalization of training (Paragraphs 0025, 0034, 0052, 0057).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa and Reed by incorporating the technique of individualizing the training of Reed by including target training audio of Suwa for the exercises of Chalupper, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to individualize the training by identifying noise types that the user has issues with and having the user record audio to include in the target audio that matches those noise types in order to increase the training intensity to improve user performance. Upon such modification, the method and system of Chalupper would include further comprising: providing the medical device user with suggestions of environmental signals to record. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa and Reed with Chalupper’s system and method in order to improve user performance and provide comprehensive training to the user by determining user areas of concern and targeting training to those areas to provide individualized training.
With regard to claim 38, Chalupper may not explicitly teach further comprising: providing the hearing device user with suggestions of environmental signals to record. However, Suwa further teaches determining a user’s performance and modifying the training based on performance including modifying the noises and target audio (Paragraphs 0018, 0043, 0045, 0052), and Reed teaches techniques for increasing user experience of hearing prostheses including providing individualized training based on a determination of user problems based on user performance wherein input signals can be used as the output signals for the individualized training and wherein the system can determine noise types and levels the user finds difficult and use that determination for the personalization of training (Paragraphs 0025, 0034, 0052, 0057).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa and Reed by incorporating the technique of individualizing the training of Reed by including target training audio of Suwa for the exercises of Chalupper, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to individualize the training by identifying noise types that the user has issues with and having the user record audio to include in the target audio that matches those noise types in order to increase the training intensity to improve user performance. Upon such modification, the method and system of Chalupper would include further comprising: providing the hearing device user with suggestions of environmental signals to record. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa and Reed with Chalupper’s system and method in order to improve user performance and provide comprehensive training to the user by determining user areas of concern and targeting training to those areas to provide individualized training.
Claim(s) 39-41 and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper in view of Suwa and Weber.
With regard to claim 39, Chalupper teaches an apparatus (Paragraphs 0004, 0014; a hearing aid), comprising: one or more microphones configured to record a plurality of environmental sounds associated with at least one ambient sound environment experience by a hearing device user (Paragraph 0004 teaches the hearing aid includes a microphone for recording ambient sound); one or more speakers (Paragraph 0004; “loudspeaker and/or receiver 4”); at least one processor (Paragraph 0004; “processing unit”) configured to: provide environmental sound discrimination training to the hearing device user using a first sound, wherein the first sound comprise non-speech and non-musical sounds (Paragraphs 0032-0038 teach the method includes training to improve the ability to differentiate sounds by presenting sounds or tones (non-speech and non-musical sound)).
Chalupper may not explicitly teach store the plurality of sounds in an environmental sound library; and provide the training using a first one or more of the plurality of environmental sounds, wherein the first one or more of the plurality of environmental sounds comprise ambient sounds. However, Suwa teaches a method for hearing training including acquiring target audio which can be recorded and/or microphone audio including ambient sounds which are used to perform hearing training exercises wherein the audio is stored in a storage means (sound library) and providing a user interface to record or acquire target audio (Paragraphs 0038, 0043-0044).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the step of acquiring and storing audio including ambient environment sounds of Suwa for the audio sounds used in the training of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper to record audio from the ambient environment and use the recorded sounds to generate the audio for the training exercises. Upon such modification, the method and system of Chalupper would include store the plurality of sounds in an environmental sound library; and provide the training using a first one or more of the plurality of environmental sounds, wherein the first one or more of the plurality of environmental sounds comprise ambient sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide relevant sounds/training to the user.
Chalupper in view of Suwa may not explicitly teach provide environmental sound identification training to the hearing device user using a second one or more of the plurality of environmental sounds, wherein the second one or more environmental sounds comprise non-speech and non-musical ambient sounds. However, Weber teaches a game/method for training users in sound identification by providing sounds including non-speech and non-musical sounds such as a blender, springs, or siren and having a user select an input corresponding to the environmental sound (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in the environment including non-speech and non-musical sounds such as a blender, springs, and/or siren and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include provide environmental sound identification training to the hearing device user using a second one or more of the plurality of environmental sounds, wherein the second one or more environmental sounds comprise non-speech and non-musical ambient sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 40, Chalupper in view of Suwa may not explicitly teach wherein the first one or more of the plurality of environmental sounds and the second one or more of the plurality of environmental sounds are different sets of environmental sounds associated with different ambient environments. However, Weber further teaches a hearing training game including a plurality of environments such as a kitchen and bathroom wherein each environment has different sounds (Figures 1-2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game including a plurality of environments of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments wherein each environment has different sounds wherein the exercise audio/sounds are the sounds from the environments and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include wherein the first one or more of the plurality of environmental sounds and the second one or more of the plurality of environmental sounds are different sets of environmental sounds associated with different ambient environments. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 41, Chalupper in view of Suwa may not explicitly teach wherein the first one or more of the plurality of environmental sounds and the second one or more of the plurality of environmental sounds are overlapping sets of environmental sounds associate with a same ambient environment. However, Weber further teaches a hearing training game including a plurality of environments such as a kitchen and bathroom wherein each environment has different sounds that can be presented as a set (Figures 1-2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game including an environments with a plurality of sounds of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in an environment wherein the environment has a plurality of sounds (overlapping set) and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound. Upon such modification, the method and system of Chalupper in view of Suwa would include wherein the first one or more of the plurality of environmental sounds and the second one or more of the plurality of environmental sounds are overlapping sets of environmental sounds associate with a same ambient environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
With regard to claim 45, Chalupper may not explicitly teach while providing the visual display, deliver a sequence of stimulation signals representing at least a subset of the plurality of environmental sounds to the hearing device user; and provide, via the display screen, at least one input for use by the hearing device user to identify a sequence of the subset of the plurality of environmental sounds. However, Suwa further teaches the system can include an exercise for presenting a sequence of words/sounds and receiving user inputs related to the sequence such as identifying the wrong sounds based on the identified sound group (Paragraphs 0053, 0059-0061, 0073)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper to incorporate the teachings of Suwa by incorporating the exercise of presenting a sequence of sounds of Suwa for the exercises of Chalupper, as both references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to include an exercise for presenting a sequence of sounds and having a user input, via the interface, a response related to the sequence such as identifying the group of sounds and wrong/different sounds or when a wrong sound is output. Upon such modification, the method and system of Chalupper would include while providing the visual display, deliver a sequence of stimulation signals representing at least a subset of the plurality of environmental sounds to the hearing device user; and provide, via the display screen, at least one input for use by the hearing device user to identify a sequence of the subset of the plurality of environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa with Chalupper’s system and method in order to improve user performance and provide comprehensive training to the user.
Chalupper in view of Suwa may not explicitly teach provide, to the hearing device user via a display screen, a visual display representing a selected ambient sound environment. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound wherein the system displays a variety of environments such as a kitchen and bathroom wherein the sounds correspond to the elements in the displayed environment (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game including ambient sound environments of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the environments of Weber wherein the sequence of sounds would be the sounds representative of elements in a plurality of environments and receive user inputs/responses to perform sound sequence identification training by selecting the elements corresponding to the sound sequence. Upon such modification, the method and system of Chalupper in view of Suwa would include provide, to the hearing device user via a display screen, a visual display representing a selected ambient sound environment. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper in view of Suwa and Weber as applied to claim 39 above, and further in view of Reed.
With regard to claim 42, Chalupper in view of Weber may not explicitly teach wherein the one or more processors are configured to generate and provide the hearing device user with suggestions of environmental sounds to record. However, Suwa further teaches determining a user’s performance and modifying the training based on performance including modifying the noises and target audio (Paragraphs 0018, 0043, 0045, 0052), and Reed teaches techniques for increasing user experience of hearing prostheses including providing individualized training based on a determination of user problems based on user performance wherein input signals can be used as the output signals for the individualized training and wherein the system can determine noise types and levels the user finds difficult and use that determination for the personalization of training (Paragraphs 0025, 0034, 0052, 0057).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Weber to incorporate the teachings of Suwa and Reed by incorporating the technique of individualizing the training of Reed by including target training audio of Suwa for the exercises of Chalupper, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper by coding the system to individualize the training by identifying noise types that the user has issues with and having the user record audio to include in the target audio that matches those noise types in order to increase the training intensity to improve user performance. Upon such modification, the method and system of Chalupper in view of Weber would include wherein the one or more processors are configured to generate and provide the hearing device user with suggestions of environmental sounds to record. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Suwa and Reed with Chalupper in view of Weber’s system and method in order to improve user performance and provide comprehensive training to the user by determining user areas of concern and targeting training to those areas to provide individualized training.
Claim(s) 43-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chalupper in view of Suwa and Weber as applied to claim 39 above, and further in view of Donaher.
With regard to claim 43, Chalupper in view of Suwa and Weber may not explicitly teach wherein the one or more processors are configured to use the at least one of the first one or more environmental sounds or the second one or more of the plurality of environmental sounds to provide environmental sound familiarization training to the hearing device user. However, Donaher teaches a system and method for role-playing life skill simulation by a user having a disability including hearing loss including training an individual to differentiate among sounds and improve their ability to recognize familiar sounds (Paragraphs 0109, 0146, 0150-0151, 0230).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa and Weber to incorporate the teachings of Donaher by using the recorded ambient audio to train the user to recognize sounds and become familiar of environmental sounds as taught by Donaher using the audio sounds of Chalupper in view of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa and Weber to provide training to the user to differentiate environmental sounds in order to improve recognition of familiar sounds. Upon such modification, the method and system of Chalupper in view of Suwa and Weber would include wherein the one or more processors are configured to use the at least one of the first one or more environmental sounds or the second one or more of the plurality of environmental sounds to provide environmental sound familiarization training to the hearing device user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Donaher with Chalupper in view of Suwa and Weber’s system and method in order to improve user performance and provide relevant sounds/training to the user.
With regard to claim 44, Chalupper in view of Suwa may not explicitly teach provide, to the hearing device user via a display screen, a visual display representing a selected ambient sound environment; and while providing the visual display, deliver, to the hearing device user along with the visual display, one or more stimulation signals representing at least one of the first one or more environmental sounds or the second one or more environmental sounds. However, as discussed above, Weber teaches a game/method for training users in sound identification by providing sounds and having a user select an input corresponding to the environmental sound wherein the system displays a variety of environments such as a kitchen and bathroom wherein the sounds correspond to the elements in the displayed environment and providing a “sound board” in the form of selectable elements that when selected provide pre-recorded sounds based on the displayed elements (Figures 1-3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chalupper in view of Suwa to incorporate the teachings of Weber by incorporating the sound identification game including selectable sounds of Weber as an exercise of Chalupper displayed on the interface of Suwa, as the references and the claimed invention are directed to hearing training systems and methods using stored audio. One of ordinary skill in the art would modify Chalupper in view of Suwa by coding the display to present the sound identification exercise of Weber including sounds representative of elements in a plurality of environments and displaying the sound environment and receive user inputs/responses to perform sound identification training by selecting the element corresponding to the sound wherein a user can select elements to provide the corresponding pre-recorded sound. Upon such modification, the method and system of Chalupper in view of Suwa would include provide, to the hearing device user via a display screen, a visual display representing a selected ambient sound environment; and while providing the visual display, deliver, to the hearing device user along with the visual display, one or more stimulation signals representing at least one of the first one or more environmental sounds or the second one or more environmental sounds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these teachings from Weber with Chalupper in view of Suwa’s system and method in order to provide more comprehensive hearing training and improve user engagement through a game exercise.
Conclusion
Accordingly, claims 1-15 and 29-45 are rejected.
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/CORRELL T FRENCH/Examiner, Art Unit 3715
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